Orissa Review

Indian Constituent Assembly : An Evaluation

Rabindra Kumar Behuria

The first historical session of Indian Constituent At the time of its establishment, the Assembly held its meeting on 9th December, 1946 Constituent Assembly was not a sovereign body. under the chairmanship of Dr. Sachidananda It stood organised on the basis of the Cabinet Sinha. On 11th December, it elected Dr. Rajendra Mission Plan. Its powers were derived from the Prasad as its permanent president. The sovereign authority of British Parliament. Some membership of the Constitutent Assembly Indian leaders held the view that the Constituent included all eminent Indian leaders. Though the Assembly was not a sovereign body. However Constitutent Assembly consisted of 296 members, Sardar Patel and Pandit Nehru believed that it the first historical session was attended by only was a sovereign body. The Assembly resolved 210 members. Amongst the 210 members who this issue by adopting : "The Assembly should not attended the first historical session of the be dissolved except by a resolution assented to Constituent Assembly, there were 155 high caste by at least 2/3rd of the whole number of members of the Assembly. Once constituted it could not be Hindus, 30 Schedule Caste representatives, 5 dissolved even by Britain." When on 15th August, Tribals, 5 Sikhs, 5 Indian Christians, 3 Anglo 1947, India became Independent, the Constituent Indians, 3 Parsis and 4 Muslim members. Though Assembly became a fully sovereign body and the Constituent Assembly had 80 Muslim members remained so till the inauguration of the Constitution out of total 296 members, their attendance was of India. During this period, it acted in a dual very poor as because the Muslim league had capacity : first as the Constituent Assembly called upon the Muslim members to boycott the engaged in the making of the Indian Constitution, first historical session of Constituent Assembly. and secondly as the Parliament of India, it The election results, particularly the big remained involved in legislating for the whole of majority secured by the Congress, unnerved the India. Muslim league. It passed two resolutions. By the Pt. Jawaharlal Nehru introduced the first, it withdrew support from the cabinet Mission objectives Resolution on 13th December, 1946. Plan and by the second it resolved the resort to After a full discussion and debate, the Constituent direct action for achieving Pakistan. It decided to Assembly passed the objectives Resolution on boycott the Constituent Assembly. It celebrated 22nd January, 1947. It clearly laid down the 16th August, 1946 as the Direct Action Day. ideological foundations and values of the Indian

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Constitution and it guided the work of the areas, and depressed and other backward Constituent Assembly. classes; and The objectives Resolution passed and 7. Where by shall be maintained the integrity adopted by the Constituent Assembly read as of the territory, the republic and its sovereign rights under : sea and air according to justice and the law of civilised nations; and 1. "The Constituent Assembly declares its firm and solemn resolve to proclaim India as an 8. The ancient land attains its rightful and Independent Sovereign Republic and to draw up honoured place in the world and makes its full for the future governance a Constitution." and willing contribution to the promotion of world peace and the welfare of mankind." 2. Wherein that territories that now comprise British India, the territories that now form The objectives Resolution was adopted the Indian states as well as such other territories by the Constituent Assembly on 22 January, 1947. as are willing to be constituted in to the It provided the ideological framework which was Independent Sovereign India, shall be a union of to guide the process of framing of Constitution of them all; and India. 3. Wherein the said territories, whether with The Preamble of the Constitution their present boundaries or with such others as embodies all the ideals which were listed in the may be determined by the Constituent Assembly objectives Resolution. The objective Resolution and thereafter according to the law of the was designed to declare the resolve to make India Constitution shall possess and retain the status of a sovereign, Independent, Republic and to secure autonomous units, together with residuary all its citizens, fundamental rights, justice, powers, and exercise all powers and functions of secularism and welfare state as well as to preserve the government and administration, save and the unity and integrity of the nation. It declared except such powers and functions as are vested the resolve to make India a democratic Union in or assigned to the Union, or as are inherent or with an equal level of self government in all implied in the Union, on resulting therefrom; and constituent parts. It affirmed that all power and authority of the Government is derived from the 4. Wherein all power and authority of the people. It affirmed the resolve to frame a Sovereign Independent India, its constituent parts Constitution which should secure for India a due and organs of government, be derived from the place in the country of Nations. people; and On 15th August, 1947, India became 5. Wherein shall be guaranteed and secured independent. A day before, on 14th August, to all the people of India, justice, economic and Pakistan was partitioned out of India. The political; equality of status, and of opportunity Constituent Assembly of India then got a sovereign before the law, freedom of thought, expression status and started undertaking the task of belief, faith, worship, vocation, association and formulating the Constitution of India with a new action subject to law and public morality; and zeal and enthusiasm. For conducting its work in a 6. Wherein adequate safeguards, shall be systematic and efficient manner, the Constituent provided for minorities, backward and tribal Assembly constituted several committees which

January - 2011 43 Orissa Review were to report on the subjects assigned to them. observed as the Independence Day every year Some of these committees were committees on as long as the British Rule in India. Later, in order procedural matters while others were committees to perpetuate the memory of the great pledge of on substantive matters. The reports of these the "Purna Swaraj Day" 26th January 1950 was committees provided the bricks and mortar for chosen to be the day of the commencement of the formulation of the Constitution of India. our Constitution and was declared as Republic In the making of the Constitution, a very with Dr. Rajendra Prasad as its first President. valuable role was played by the Drafting This is in brief, an account of the making Committee. The Committee was constituted on of Indian Constitution by the Constituent 29th August, 1947 with Dr. B.R. Ambedkar as Assembly. It took the Constituent Assembly 2 its chairman. The members of this committee years, 11 months and 18 days to accomplish the included its versatile chairman Dr. Ambedkar, as task of making the Constitution. In all it held 11 such legal luminaries as B.L.Mitter, N. plenary sessions and discussions were held for Gopalswami Ayyanagar, Alladi Krishnaswami 114 days. Rs.6,396,273 were spent in this Ayyar, K.M. Munshi, Saiyid Mohd Saadulla, N. exercise. Constitution of India is indeed the highest Madhab Rao and D.P. Khaitan. After the death and most valuable contribution of the Constituent of Mr. D.P. Khaitan, T.T. Krishnamachari was Assembly to the Indian Political System. made its member. Dr. B.N. Rau worked as the Dr. Rajendra Prasad observed, "I desire Chief Constitutional Advisor attached to this to congratulate the Assembly on accomplishing a Committee. task of such tremendous magnitude. It is not my The Drafting Committee submitted its purpose to appraise the value of the work that report (draft) to the Constituent Assembly on 21st the Assembly has done or the merits and demerits February, 1948 and the Constituent Assembly of the Constitution which it has framed, I am held debates on it. On the basis of these content to leave that to others and posterity." discussions, a new draft was prepared by the Selected Bibliography : Drafting Committee and submitted to the Assembly on 4th November, 1948. From 14th 1. Ghai, K.K. Indian Government and Politics, Ludhiana, Kalyani, 2005, p.61-4. November, 1949 to 26th November, 1949 the final debate was held on the draft. On 26th 2. Orissa Review, January, 2007. November, 1949, the Constitution was finally adopted and enacted when the Constitution was signed by the president of the Constituent Assembly. In the words of Granville Austin "the adoption of the Constitution of India was the greatest political venture since the Philadelphia convention." Some of the provisions came into operation immediately while as a whole the Constitution was inaugurated on 26th January, Rabindra Kumar Behuria lives at Chandbali, in the 1950. It is significant to mention that this day was district of Bhadrak-756133.

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